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BIKER NEWS: Former Finks bikie avoids jail despite being found behind the wheel 23 times while disqualified

BN- FORMER Finks bikie Kris Spizzirri has jumped behind the wheel 23 times while disqualified but yesterday a judge wouldn’t send him to ...

BN- FORMER Finks bikie Kris Spizzirri has jumped behind the wheel 23 times while disqualified but yesterday a judge wouldn’t send him to jail because she didn’t want to mess up his “rehabilitation”.

Southport District Court Judge Helen Bowskill scrapped Spizzirri’s original sentence, which ordered him to serve four months in custody, after admitting it was difficult to see how jail “would serve any purpose of personal deterrence”.

After he appealed his original sentence, she decided to immediately suspend his 12-month sentence.

Spizzirri, 33, was busted driving while disqualified in October last year, just days after he finished his parole supervision period for eight other similar offences.

During his sentencing in March this year, magistrate Paul Johnstone found Spizzirri had an “appalling” traffic history and sentenced him to 12 months in jail.

Spizzirri was ordered to serve four months in custody then be released on parole. But he spent only hours behind bars before lawyers lodged an appeal, claiming the sentence was “manifestly excessive”.

Spizzirri’s lawyers said the magistrate erred by placing “undue emphasis” on repeat offences.

They also said the magistrate failed to consider a ­Supreme Court judge’s findings about Spizzirri’s prospects for rehabilitation during his sentence for producing drugs in December last year.

On appeal, Judge Bowskill found it was difficult to see how jail time would provide any benefit of rehabilitation.

“On the contrary, it would likely derail the efforts already made towards rehabilitation and potentially set the appellant back on his previous course,” she said.

“The element of general ­deterrence is met by the imposition of an appropriate head sentence and is not compromised by suspending the ­sentence.”

Judge Bowskill said she decided to suspend the sentence rather than release Spizzirri on parole so he could remain in Melbourne, where he had family support and a job.

“A significant part of the appellant’s rehabilitation efforts involve him moving to Melbourne and so distancing himself from the poor influence of his associates on the Gold Coast,” she said.

She said she took into account that Spizzirri had remained drug free, sought psychological counselling and moved from a place where he was at risk of poor influences from associates.

Spizzirri is disqualified from driving for another two and a half years.